SOUTHWEST GAS CORP. v. F.E.R.C.

No. 93-1366.

40 F.3d 464 (1994)

SOUTHWEST GAS CORPORATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Public Service Commission of Nevada, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 1994.


Attorney(s) appearing for the Case

Douglas M. Canter, with whom Kathleen L. Mazure, was on the briefs, for petitioner. William I. Harkaway, entered an appearance for petitioner.

Timm L. Abendroth, Atty., F.E.R.C., with whom Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Sol., F.E.R.C., were on the brief, for respondent.

Britton White, Jr., Dennis J. Dwyer, and Richard C. Green (for El Paso Natural Gas Co.) and Barbara S. Jost and Joel L. Greene (for Arizona Public Service Co., Phelps Dodge Corp., and Salt River Project Agr. Improvement and Power Dist.), were on the joint brief for intervenors. Neil E.M. Grad (for Public Service Comm'n of Nevada), C.R. Jennings (for Phelps Dodge Corp.), Ida M. Passamonti and Edward W. O'Neill (for Public Utilities Comm'n of the State of Cal.), David L. Huard (for Southern California Gas Co.), John P. Gregg (for El Paso Mun. Customer Group), Nicholas W. Fels and Jonathan T. Foot (for ASARCO, Inc., Cyprus Miami Min. Corp., and Magma Copper Co.), Kim M. Clark (for Meridian Oil Inc.), David W. Anderson and Patrick G. Golden (for Pacific Gas and Elec. Co.), Norman A. Pedersen and Edward B. Myers (for Southern California Utility Power Pool and Imperial Irr. Dist.), Margaret A. Moore (for Saguaro Power Co., a Ltd. Partnership), Irving J. Golub (for Gas Co. of New Mexico), and Mary Anne Mason (for El Paso Natural Gas Co.), entered appearances for intervenors.

Before SILBERMAN, BUCKLEY, and ROGERS, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Southwest Gas Corporation petitions for review of an order of the Federal Energy Regulatory Commission upholding the validity of contracts executed between El Paso Natural Gas Company and seven gas shippers. We agree with the Commission that Southwest has not been aggrieved within the meaning of section 19(b) of the Natural Gas Act and therefore lacks standing to obtain review of...

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